Sentences with phrase «federal constitutional law principles»

Using that statute to challenge physician non-competes that were signed prior to July 12, 2016 arguably would seek to give the statute improper retroactive effect, and may also run afoul of state and federal constitutional law principles.

Not exact matches

Hence, the lack of supporting constitutional text, principles of federalism, and the doctrine of stare decisis (which lends stability to the law by encouraging courts to stand by their prior decisions) all militate against the creation of a federal constitutional right to education or to supposedly equal school funding.

This reasoning would apply anywhere in the U.S. and is not specific to a particular state or territory as double jeopardy is a principle of U.S. Constitutional law that applies directly in federal courts (including the courts of territories and commonwealths) and indirectly through selective incorporation against the states via the 14th Amendment.

Under the anti-commandeering principle of Printz, however, state law that discriminates against federal law by withdrawing state assistance should be constitutional.